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. 2011 Nov-Dec;3(6):596-606.
doi: 10.4161/mabs.3.6.17788. Epub 2011 Nov 1.

International intellectual property strategies for therapeutic antibodies

Ulrich Storz  1
Affiliations

International intellectual property strategies for therapeutic antibodies

Ulrich Storz. MAbs. 2011 Nov-Dec.

Abstract

Therapeutic antibodies need international patent protection as their markets expand to include industrialized and emerging countries. Because international intellectual property strategies are frequently complex and costly, applicants require sound information as a basis for decisions regarding the countries in which to pursue patents. While the most important factor is the size of a given market, other factors should also be considered.

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Figures

Figure 1
Figure 1
Market size plotted vs. IP enforceability as a model for a two-dimensional weighted analysis.
Figure 2
Figure 2
Different ways to plot market size vs. IP enforceability.
Figure 3
Figure 3
Three-dimensional plot in which patent prosecution costs are also considered.
See this image and copyright information in PMC

References

    1. In re Hilmer 359 F.2d 859. (CCPA 1966)
    1. Storz U. Intellectual property protection: Strategies for antibody inventions. mAbs. 2011;3:310–317. - PMC - PubMed
    1. Arts. 6 + 7 of the Argentine Patent Act and Argentine Guidelines for Examination of Patent application, Part C, Chapter IV, 2.1.7.
    1. Decision of the European Court of Justice in case C-34/10 of March 10, 2011. Available from: http://curia.europa.eu.
    1. Association for Molecular Pathology v. United States PTO, 2010 US Dist. LEXIS 35,418. (S.D.N.Y. Apr 2, 2010)

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